42000. Unless a different penalty is expressly provided by this
code, every person convicted of a felony for a violation of any
provision of this code shall be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) or by imprisonment in the state prison or by both such fine
and imprisonment.
42000.1. Notwithstanding Section 42001, every person convicted of
an infraction for a violation described in subdivision (b) of Section
22348 shall be punished by a fine not exceeding five hundred dollars
($500).
42000.5. Every person convicted of an infraction for a violation of
Section 22350, 22406, or 22407 while operating a bus, motor truck,
or truck tractor having three or more axles, or any motor truck or
truck tractor drawing any other vehicle, shall be punished by a fine
not exceeding one hundred dollars ($100) for a first conviction,
except that if the person has exceeded the specified speed limit by
10 miles per hour or more, the fine shall not exceed two hundred
dollars ($200) for a first conviction, and not exceeding three
hundred dollars ($300) for a second or subsequent conviction.
42001. (a) Except as provided in this code, a person convicted of
an infraction for a violation of this code or of a local ordinance
adopted pursuant to this code shall be punished as follows:
(1) By a fine not exceeding one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(3) For a third or subsequent infraction occurring within one year
of two or more prior infractions that resulted in convictions, a
fine not exceeding two hundred fifty dollars ($250).
(b) A pedestrian convicted of an infraction for a violation of
this code or any local ordinance adopted pursuant to this code shall
be punished by a fine not exceeding fifty dollars ($50).
(c) A person convicted of a violation of subdivision (a) or (b) of
Section 27150.3 shall be punished by a fine of two hundred fifty
dollars ($250), and a person convicted of a violation of subdivision
(c) of Section 27150.3 shall be punished by a fine of one thousand
dollars ($1,000).
(d) Notwithstanding any other provision of law, a local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction. A fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation. If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.
42001.1. (a) Every person convicted of an infraction for a
violation of Section 2815 or a violation of subdivision (a) or (b) of
Section 22526 at an intersection posted pursuant to subdivision (d)
of Section 22526 shall be punished as follows:
(1) For a first conviction, a fine of not less than fifty dollars
($50) nor more than one hundred dollars ($100).
(2) For a second conviction within a period of one year, a fine of
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
(3) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250)
nor more than five hundred dollars ($500).
(b) In addition to the fine specified in subdivision (a), the
court may order the department to suspend the driver's license for up
to 30 days of any person convicted of a third or any subsequent
conviction of Section 2815 within a period of two years, and the
department shall suspend the license for the period of time so
ordered.
42001.2. (a) A person convicted of an infraction for a violation of
Section 27153.5 with a motor vehicle having a manufacturer's maximum
gross vehicle weight rating of 6,001 or more pounds is punishable by
a fine for the first offense of not less than two hundred fifty
dollars ($250) and not more than two thousand five hundred dollars
($2,500), and for a second or subsequent offense within one year of
not less than five hundred dollars ($500) and not more than five
thousand dollars ($5,000).
(b) A person convicted of an infraction for a second or subsequent
violation of Section 27153, or a second or subsequent violation of
27153.5, with a motor vehicle having a manufacturer's maximum gross
vehicle weight rating of less than 6,001 pounds, is punishable by a
fine of not less than one hundred thirty-five dollars ($135) nor more
than two hundred eighty-five dollars ($285).
(c) Notwithstanding Section 40616, the penalties in subdivision
(b) apply when a person is guilty of willfully violating a written
promise to correct, or willfully failing to deliver proof of
correction, as prescribed in Section 40616, when an offense described
in subdivision (b) was the violation for which the notice to correct
was issued and the person was previously convicted of the same
offense, except that costs of repair shall be limited to those
specified in Section 44017 of the Health and Safety Code.
(d) Notwithstanding any other provision of law and subject to
Section 1463.15 of the Penal Code, revenues collected from fines and
forfeitures imposed under this section shall be allocated as follows:
15 percent to the county in which the prosecution is conducted, 10
percent to the prosecuting agency, 25 percent to the enforcement
agency, except the Department of the California Highway Patrol, and
50 percent to the air quality management district or air pollution
control district in which the infraction occurred, to be used for
programs to regulate or control emissions from vehicular sources of
air pollution. If the enforcement agency is the Department of the
California Highway Patrol, the revenues shall be allocated 25 percent
to the county in which the prosecution is conducted, 25 percent to
the prosecuting agency, and 50 percent to the air quality management
district or air pollution control district in which the infraction
occurred. If no prosecuting agency is involved, the revenues that
would otherwise be allocated to the prosecuting agency shall instead
be allocated to the air quality management district or air pollution
control district in which the infraction occurred.
(e) For the purposes of subdivisions (a), (b), and (c), a second
or subsequent offense does not include an offense involving a
different motor vehicle.
42001.3. (a) Violations of Section 34506.3, with respect to any
regulation adopted under Section 34501 relative to the maintenance of
driving logs, shall be punishable by a fine of not more than five
hundred dollars ($500).
(b) Violations of subdivision (a) of Section 34506, with respect
to any regulation adopted under Section 34501 relative to drivers'
hours of service, shall be punishable by a fine of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000).
In addition, the violations may be punishable by imprisonment in the
county jail for not more than six months.
42001.4. Every person convicted of an infraction for violation of
Section 23117 shall be punished as follows:
(a) By a fine of not less than fifty dollars ($50) nor more than
one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine of not less than
seventy-five dollars ($75) nor more than two hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine of not less than one hundred dollars ($100) nor more than two
hundred fifty dollars ($250).
42001.5. (a) A person convicted of an infraction for a violation of
subdivision (i) or (l) of Section 22500, or of Section 22522, shall
be punished by a fine of not less than two hundred fifty dollars
($250).
(b) No part of any fine imposed under this section may be
suspended, except the court may suspend that portion of the fine
above one hundred dollars ($100).
(c) A fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
42001.6. Every person convicted of an infraction for a violation of
Section 22511.1 is punishable by a fine of one hundred dollars
($100).
No part of any fine imposed shall be suspended, except the court
may suspend that portion of the fine above twenty-five dollars ($25)
for a violation of Section 22511.1 if the person convicted possessed
at the time of the offense, but failed to display, a valid
zero-emission vehicle decal identification issued pursuant to
subdivisions (a) and (b) of Section 5205.5. The fine may be paid in
installments if the court determines that the defendant is unable to
pay the entire amount in one payment.
42001.7. (a) Every person convicted of a violation of Section 23111
or 23112, or subdivision (a) of Section 23113, shall be punished by
a mandatory fine of not less than one hundred dollars ($100) nor more
than one thousand dollars ($1,000) upon a first conviction, by a
mandatory fine of not less than five hundred dollars ($500) nor more
than one thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
In no case may the court order imprisonment in the county jail for
a violation punishable under this subdivision, unless imprisonment
is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to
subdivision (a), order the offender to pick up litter or clean up
graffiti at a time and place within the jurisdiction of the court as
follows:
(1) For a first conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than 16 hours.
(3) For a third or subsequent conviction punished pursuant to
subdivision (a), the court shall require the offender to pick up
litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of
highway littering be required to bear the penalty for their actions.
Therefore, the court may not suspend the mandatory fines required by
subdivision (a) except in unusual cases where the interest of justice
would best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a), it
shall, as a condition of that suspension, require the offender to
pick up litter or clean up graffiti at a time and place within the
jurisdiction of the court for not less than eight hours for every one
hundred dollars ($100) of fine suspended. The court may not suspend
the order to pick up litter or clean up graffiti required by this
subdivision or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of that order.
42001.8. Every person convicted of an infraction for a violation of
Section 4000 shall be punished by a fine of not less than fifty
dollars ($50) and not more than two hundred fifty dollars ($250).
42001.9. Every person convicted of an infraction for a violation of
Section 23135 shall be punished by a fine of fifty dollars ($50).
42001.10. Every person convicted for a violation of Section 38020
shall be punished by a fine of not less than fifty dollars ($50) for
a first offense, and not more than two hundred fifty dollars ($250)
for every subsequent offense.
42001.11. Every person convicted of an infraction for a violation
of Section 21655.5 or 21655.8 shall be punished as follows:
(a) For a first conviction, a fine of not less than one hundred
dollars ($100), nor more than one hundred fifty dollars ($150).
(b) For a second conviction within a period of one year, a fine of
not less than one hundred fifty dollars ($150), nor more than two
hundred dollars ($200).
(c) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250),
nor more than five hundred dollars ($500).
42001.12. Every person convicted of an infraction for a violation
of Section 21806 shall be punished as follows:
(a) For a first conviction, by a fine of not less than one hundred
dollars ($100) nor more than two hundred fifty dollars ($250).
(b) For a second conviction within one year, by a fine of not less
than one hundred fifty dollars ($150) nor more than five hundred
dollars ($500).
(c) For a third or any subsequent conviction within three years,
by a fine of not less than two hundred fifty dollars ($250) nor more
than five hundred dollars ($500).
42001.13. (a) A person who commits a violation of Section 22507.8
is subject to either a civil notice of parking violation pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or a criminal notice to appear.
(b) If a notice to appear is issued and upon conviction of an
infraction for a violation of Section 22507.8, a person shall be
punished as follows:
(1) A fine of not less than two hundred fifty dollars ($250) and
not more than five hundred dollars ($500) for the first offense.
(2) A fine of not less than five hundred dollars ($500) and not
more than seven hundred fifty dollars ($750) for the second offense.
(3) A fine of not less than seven hundred fifty dollars ($750) and
not more than one thousand dollars ($1,000) for three or more
offenses.
(c) The court may suspend the imposition of the fine if the person
convicted possessed at the time of the offense, but failed to
display, a valid special identification license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59.
(d) A fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
42001.14. (a) Every person convicted of an infraction for the
offense of disconnecting, modifying, or altering a required pollution
control device in violation of Section 27156 shall be punished as
follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(b) (1) The fines collected under subdivision (a) shall be
allocated pursuant to subdivision (d) of Section 42001.2.
(2) The amounts allocated pursuant to paragraph (1) to the air
pollution control district or air quality management district in
which the infraction occurred shall first be allocated to the State
Air Resources Board and the Bureau of Automotive Repair to pay the
costs of the state board and the bureau under Article 8 (commencing
with Section 44080) of Chapter 5 of Part 5 of Division 26 of the
Health and Safety Code.
(3) The funds collected under subdivision (a) which are not
required for purposes of paragraph (2) shall be used for the
enforcement of Section 27156 or for the implementation of Article 8
(commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
of the Health and Safety Code.
42001.15. Every person convicted of an infraction for a violation
of subdivision (a) or (c) of Section 21453, subdivision (c) of
Section 21454, or subdivision (a) of Section 21457 shall be punished
by a fine of one hundred dollars ($100).
42001.16. (a) Every person convicted of an infraction for a
violation of subdivision (c) of Section 21752, subdivision (c) of
Section 22526, or Section 22450, involving railroad grade crossings,
or Section 22451 or 22452 shall be punished as follows:
(1) For the first infraction, by a fine of one hundred dollars
($100).
(2) For a second infraction of any of the offenses described in
this subdivision occurring within one year of a prior infraction that
resulted in a conviction, by a fine not exceeding two hundred
dollars ($200).
(3) For a third or any subsequent infraction of any of the
offenses described in this subdivision occurring within one year of
two or more prior infractions that resulted in convictions, by a fine
not exceeding two hundred fifty dollars ($250).
(b) In addition to the fine imposed pursuant to subdivision (a), a
court, in a county in which Section 369b of the Penal Code applies,
may require the person to attend a traffic school as described in
Section 369b of the Penal Code.
42001.17. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21951 shall be
punished as follows:
(a) For the first infraction, by a fine of one hundred dollars
($100).
(b) For a second infraction for a violation of Section 21951
occurring within one year of a prior infraction of violating of that
section that resulted in a conviction, by a fine not exceeding two
hundred dollars ($200), as provided in paragraph (2) of subdivision
(a) of Section 42001.
(c) For a third or any subsequent infraction for a violation of
Section 21951 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions,
by a fine not exceeding two hundred fifty dollars ($250), as provided
in paragraph (3) of subdivision (a) of Section 42001.
42001.18. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21971 shall be
punished as follows:
(a) For the first infraction, by a fine of two hundred twenty
dollars ($220).
(b) For a second infraction for a violation of Section 21971
occurring within one year of a prior violation of that section that
resulted in a conviction, by a fine of three hundred twenty dollars
($320).
(c) For a third or any subsequent infraction for a violation of
Section 21971 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions by
a fine of three hundred seventy dollars ($370).
42001.19. Notwithstanding any other provision of law, a person
convicted of a violation of Section 21070 is punishable, as follows:
(a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).
(b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).
42001.20. Notwithstanding any other provision of law, a person who
violates subdivision (b) or (c) of Section 27000 is punishable as
follows:
(a) By a fine of one hundred fifty dollars ($150).
(b) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine, not exceeding two hundred fifty dollars ($250).
42001.25. Notwithstanding any other provision of law, a person who
violates Section 23140 is punishable as follows:
(a) By a fine of one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine of two hundred
dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine of three hundred dollars ($300).
42002. Unless a different penalty is expressly provided by this
code, every person convicted of a misdemeanor for a violation of any
of the provisions of this code shall be punished by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both such fine and
imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, is punishable as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.4. A violation of Section 10751 shall be punished by
imprisonment in the county jail not exceeding six months if the value
of the property does not exceed nine hundred fifty dollars ($950),
and by imprisonment in the county jail not exceeding one year if the
value of the property is more than nine hundred fifty dollars ($950).
42002.5. Notwithstanding Section 42002, every person convicted of a
violation of Section 10852 or 10853 involving a vehicle that has
been modified for the use of a disabled veteran or any other disabled
person and that displays a special identification license plate
issued pursuant to Section 5007 or a distinguishing placard issued
pursuant to Section 22511.55 or 22511.59, if those facts are known or
should reasonably have been known to the person, shall be punished
by a fine of not more than two thousand dollars ($2,000) or by
imprisonment in the county jail for not more than one year, or by
both the fine and imprisonment.
42003. (a) A judgment that a person convicted of an infraction be
punished by a fine may also provide for the payment to be made within
a specified time or in specified installments. A judgment granting a
defendant time to pay the fine shall order that if the defendant
fails to pay the fine or any installment thereof on the date that it
is due, he or she shall appear in court on that date for further
proceedings. Willful violation of the order is punishable as
contempt.
(b) A judgment that a person convicted of any other violation of
this code be punished by a fine may also order, adjudge, and decree
that the person be imprisoned until the fine is satisfied. In all of
these cases, the judgment shall specify the extent of the
imprisonment which shall not exceed one day for every thirty dollars
($30) of the fine, nor extend in this case beyond the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she was convicted.
(c) In any case when a person appears before a traffic referee or
judge of the superior court for adjudication of a violation of this
code, the court, upon request of the defendant, shall consider the
defendant's ability to pay. Consideration of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. The reasonable cost of
these services and of probation shall not exceed the amount
determined to be the actual average cost thereof. The court shall
order the defendant to appear before a county officer designated by
the court to make an inquiry into the ability of the defendant to pay
all or a portion of those costs or the court or traffic referee may
make this determination at a hearing. At that hearing, the defendant
shall be entitled to have, but shall not be limited to, the
opportunity to be heard in person, to present witnesses and other
documentary evidence, to confront and cross-examine adverse
witnesses, to disclosure of the evidence against him or her, and to a
written statement of the findings of the court or the county
officer. If the court determines that the defendant has the ability
to pay all or part of the costs, the court shall set the amount to be
reimbursed and order the defendant to pay that sum to the county in
the manner in which the court believes reasonable and compatible with
the defendant's financial ability; or, with the consent of a
defendant who is placed on probation, the court shall order the
probation officer to set the amount of payment, which shall not
exceed the maximum amount set by the court, and the manner in which
the payment shall be made to the county. In making a determination of
whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant and
any amount the defendant has been ordered to pay in restitution.
The court may hold additional hearings during the probationary
period. If practicable, the court or the probation officer shall
order payments to be made on a monthly basis. Execution may be issued
on the order in the same manner as a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
A payment schedule for reimbursement of the costs of presentence
investigation based on income shall be developed by the probation
department of each county and approved by the presiding judge of the
superior court.
(d) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the presentence
report, and probation, and includes, but is not limited to, all of
the following regarding the defendant:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant will be able to obtain
employment within the six-month period from the date of the hearing.
(4) Any other factors that may bear upon the defendant's financial
capability to reimburse the county for the costs.
(e) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of rendering of the judgment.
42004. For the purpose of determining the penalty to be imposed
pursuant to this code, the court may consider a written report from
the Department of Motor Vehicles containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
For the purpose of this chapter a prior bail forfeiture shall be
deemed to be a conviction of the offense charged.
42004.5. Upon conviction of any violation of any provision of this
code, other than a felony violation and except this section,
execution of sentence of imprisonment in the county jail shall be
suspended, at the request of the convicted person, for a period of 24
hours, unless the judge determines that the person would not return.
If, prior to the end of such period, the person does not deliver
himself into custody for commencement of the execution of such
sentence, his failure to appear shall constitute a misdemeanor.
42005. (a) The court may order or permit a person convicted of a
traffic violation to attend a traffic violator school licensed
pursuant to Chapter 1.5 (commencing with Section 11200) of Division
5.
(b) In lieu of adjudicating a traffic offense committed by a
person who holds a noncommercial class C, class M1, or class M2
driver's license, and with the consent of the defendant, the court
may order the person to attend a licensed traffic violator school, a
licensed driving school, or any other court-approved program or
driving instruction.
(c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, a licensed driving school, or any other
court-approved program of driving instruction in lieu of adjudicating
any traffic offense committed by the holder of a class A, class B,
or commercial class C driver's license.
(d) The court may not order or permit a person, regardless of the
driver's license class, to complete a licensed traffic violator
school, a licensed driving school, or any other court-approved
program of driving instruction in lieu of adjudicating an offense if
that offense is either of the following:
(1) Occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(e) Except as otherwise provided in subdivision (a) of Section
42005.2, a person so ordered may choose the traffic violator school
the person will attend. The court shall make available to each person
subject to that order the current list of traffic violator schools
published by the department pursuant to Section 11205.
(f) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
(g) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
42005. (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or no contest or is convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, in lieu of adjudicating any traffic offense or
order that a conviction of a traffic offense by a person holding a
class A, class B, or commercial class C driver's license be kept
confidential.
(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7 or permit a person,
regardless of the driver's license class, to complete a program at a
licensed traffic violator school in lieu of adjudicating an offense
if either of the following applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) may choose the traffic violator school the person
will attend. The court shall provide to each person subject to that
order or referral the department's current list of licensed traffic
violator schools.
(e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
(f) This section shall become operative on July 1, 2011.
42005.1. The court may order a person designated to attend a
traffic violator school to instead participate in a study of traffic
violator schools licensed pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5. The person's participation in that
study constitutes attending a licensed traffic violator school
program.
42005.2. (a) In those counties in which, prior to January 1, 1985,
one or more individual courts, or the county acting on behalf of one
or more individual courts, contracted for the provision of traffic
safety instructional services to traffic violators referred by the
court pursuant to a pretrial diversion program, the courts may
restrict referrals to those schools for traffic violators or licensed
driving schools that are under contract with the court or with the
county to provide traffic safety instructional services for persons
referred pursuant to subdivision (a) of Section 42005.
(b) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county,
and the county shall be exempt from state regulations relative to
maximum classroom attendance.
(c) Notwithstanding subdivisions (a) and (b), a court in the
counties described in those subdivisions shall comply with the
prohibitions set forth in subdivisions (c) and (d) of Section 42005.
(d) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.
42005.3. Operative January 1, 1993, no local authority may allow a
person who is alleged to have committed a traffic offense in
violation of this code or an ordinance or resolution adopted under
this code, to participate in a driver awareness or education program
or in any other diversion program as an alternative to the procedure
required to be followed under this code for alleged violations of
this code.
This section does not apply to diversion programs for minors who
commit infractions not involving a motor vehicle for which no fee is
charged.
42005.5. Notwithstanding Section 46300 or 84500 of the Education
Code or any other provision of law, on and after September 1, 1985,
attendance at a school for traffic violators permitted or ordered
pursuant to Section 41501 or 42005 shall not be included in computing
the average daily attendance of any school district, community
college district, or other public educational institution for
purposes of allocation of state funds.
42006. (a) Except as provided in subdivision (c), there may be
levied a special assessment in an amount equal to one dollar ($1) for
every fine, forfeiture, and traffic violator school fee imposed and
collected by any court that conducts a night or weekend session of
the court, on all offenses involving a violation of a section of this
code or any local ordinance adopted pursuant to this code, except
offenses relating to parking.
(b) When a person makes a deposit of bail for an offense to which
this section applies, in a case in which the person is required to
appear in a court that conducts a night or weekend session, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed in this section for forfeited bail.
If bail is forfeited, the amount of the assessment shall be
transmitted by the clerk of the court to the county treasury for
disposition as prescribed by subdivision (d).
(c) If a court conducts night or weekend sessions at two or more
locations, the court may do either of the following:
(1) Levy assessments only on those persons who are required to
appear at the location where night or weekend sessions are held.
(2) Levy assessments on persons who have the option to appear at a
location where night or weekend court sessions are held and that is
within 25 miles of the location of the court where the person is
otherwise required to appear.
(d) After a determination by the court of the amount of the
assessment due, the clerk of the court shall collect the amount and
transmit it as provided in subdivision (g).
(e) In any case where a person convicted of any offense to which
this section applies is imprisoned until the fine is satisfied, the
court shall waive the penalty assessment.
(f) As used in subdivisions (g) and (h), the following terms have
the following meanings:
(1) "Court Facilities Trust Fund" means the fund established by
Section 70352 of the Government Code.
(2) "Location" means a court facility holding night or weekend
sessions under this section.
(3) "Transfer of responsibility" means the transfer of
responsibility for court facilities from the counties to the state
pursuant to Chapter 5.7 (commencing with Section 70301) of Title 8 of
the Government Code.
(g) (1) If transfer of responsibility for a location has occurred,
the clerk shall collect any assessment imposed pursuant to
subdivision (c) and transmit it to the Court Facilities Trust Fund.
Moneys deposited pursuant to this subdivision shall be used for any
purpose provided by subdivision (b) of Section 70352 of the
Government Code.
(2) If transfer of responsibility for a location has not occurred,
the clerk shall collect any assessment imposed pursuant to
subdivision (c) and transmit it to the county treasury to be
deposited in the night court session fund, and the moneys in the fund
shall be expended by the county for maintaining courts for which
transfer of responsibility has not occurred and that have night or
weekend sessions for traffic offenses.
(h) (1) The county treasurer of each county shall transfer from
the night court session fund to the Court Facilities Trust Fund an
amount that is the same percentage of the night court session fund as
of January 1, 2009, as the square footage of locations for which
transfer of responsibility has occurred on or before January 1, 2009,
is to the total square footage of locations.
(2) For locations for which transfer of responsibility occurs
after January 1, 2009, the county treasurer shall, at the time of
transfer of any location, transfer from the night court session fund
to the Court Facilities Trust Fund an amount that is the same
percentage of the night court session fund as the square footage of
the location for which transfer of responsibility is occurring is to
the sum of the square footage of locations for which transfer of
responsibility has not occurred and the square footage of the
location being transferred.
(3) Upon the transfer of responsibility for all locations, the
county treasurer shall transfer to the Court Facilities Trust Fund
any amount remaining in the night court session fund.
(4) Any expenditures made from the fund for a purpose other than
those specified in paragraph (2) of subdivision (g) shall be repaid
to the state for deposit in the Court Facilities Trust Fund.
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee shall
be in an amount equal to the total bail set forth for the eligible
offense on the uniform countywide bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
(3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
(f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
42007. (a) (1) The clerk of the court shall collect from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Statewide Bail Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts. If multiple offenses are charged in a single notice
to appear, the "total bail" is the amount applicable for the greater
of the qualifying offenses. However, the court may determine a lesser
fee under this subdivision upon a showing that the defendant is
unable to pay the full amount. The fee shall not include the cost, or
any part thereof, of traffic safety instruction offered by a traffic
violator school.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. If the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
(3) If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility that was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.
(e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
(f) This section shall become operative on July 1, 2011.
42007.1. (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee determined by the department to be sufficient to defray the cost
of routine monitoring of traffic violator school instruction pursuant
to subdivision (c) of Section 11208, and a fee, if any, established
by the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
42007.3. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 41501
or 42005 as a result of a violation of subdivision (a) or (c) of
Section 21453, subdivision (c) of Section 21454, or subdivision (a)
of Section 21457 shall be allocated as follows:
(1) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
(b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
42007.4. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 369b
of the Penal Code as a result of a violation of subdivision (c) of
Section 21752, involving railroad grade crossings, or Section 22451
or 22452 shall be allocated as follows:
(1) If the offense occurred in an area where a transit district or
transportation commission established under Division 12 (commencing
with Section 130000) of the Public Utilities Code provides rail
transportation, the first 30 percent of the amount collected shall be
allocated to the general fund of that transit district or
transportation commission to be used only for public safety and
public education purposes relating to railroad grade crossings.
(2) If there is no transit district or transportation commission
providing rail transportation in the area where the offense occurred,
the first 30 percent of the amount collected shall be allocated to
the general fund of the county in which the offense occurred, to be
used only for public safety and public education purposes relating to
railroad grade crossings.
(3) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463 of the Penal Code.
(4) A transit district, transportation commission, or a county
that is allocated funds pursuant to paragraph (1) or (2) shall
provide public safety and public education relating to railroad grade
crossings only to the extent that those purposes are funded by the
allocations provided pursuant to paragraph (1) or (2).
(b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
42008. (a) Any county may operate an amnesty program for delinquent
fines and bail imposed for an infraction or misdemeanor violation of
the Vehicle Code, except parking violations of the Vehicle Code and
violations of Section 23103, 23104, 23152, or 23153. The program
shall be implemented by the courts in accordance with Judicial
Council guidelines, and shall apply to infraction or misdemeanor
violations of the Vehicle Code, except parking violations, upon which
a fine or bail was delinquent on or before April 1, 1991.
(b) Under the amnesty program, any person owing a fine or bail due
on or before April 1, 1991, that was imposed for an infraction or
misdemeanor violation of the Vehicle Code, except violations of
Section 23103, 23104, 23152, or 23153 or parking violations, may pay
to the superior court the amount scheduled by the court, which shall
be either (1) 70 percent of the total fine or bail or (2) the amount
of one hundred dollars ($100) for an infraction or five hundred
dollars ($500) for a misdemeanor. This amount shall be accepted by
the court in full satisfaction of the delinquent fine or bail.
(c) No criminal action shall be brought against any person for a
delinquent fine or bail paid under this amnesty program and no other
additional penalties shall be assessed for the late payment of the
fine or bail made under the amnesty program.
(d) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program created by this section shall be deposited in the county
treasury.
42008.5. (a) A county may establish a one-time amnesty program for
fines and bail that have been delinquent for not less than six months
as of the date upon which the program commences and were imposed for
an infraction or misdemeanor violation of this code, except parking
violations of this code and violations of Section 23103, 23104,
23105, 23152, or 23153.
(b) A person owing a fine or bail that is eligible for amnesty
under the program may pay to the superior or juvenile court the
amount scheduled by the court, that shall be accepted by the court in
full satisfaction of the delinquent fine or bail and shall be either
of the following:
(1) Seventy percent of the total fine or bail.
(2) The amount of one hundred dollars ($100) for an infraction or
five hundred dollars ($500) for a misdemeanor.
(c) The amnesty program shall be implemented by the courts of the
county on a one-time basis and conducted in accordance with Judicial
Council guidelines for a period of not less than 120 days. The
program shall operate not longer than six months from the date the
court initiates the program.
(d) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program and no other
additional penalties, except as provided in Section 1214.1 of the
Penal Code, shall be assessed for the late payment of the fine or
bail made under the amnesty program.
(e) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program shall be deposited in the county treasury until 150 percent
of the cost of operating the program, excluding capital expenditures,
have been so deposited. Thereafter, 37 percent of the amount of the
delinquent fines and bail deposited in the county treasury shall be
distributed by the county pursuant to Section 1464 of the Penal Code,
26 percent of the amount deposited shall be distributed by the
county pursuant to Article 2 (commencing with Section 76100) of
Chapter 12 of Title 8 of the Government Code, and the remaining 37
percent of the amount deposited shall be retained by the county.
(f) The deposit of fines and bails in the county treasury as
described in subdivision (e) is limited to the amnesty program
described in this section, and it is the intent of the Legislature
that it shall not be considered a precedent with respect to affecting
programs that receive funding pursuant to Section 1463 of the Penal
Code.
(g) Each county participating in the program shall file, not later
than six months after the termination of the program, a written
report with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. The report shall summarize the amount of
money collected, operating costs of the program, distribution of
funds collected, and when possible, how the funds were expended.
42008.7. (a) The State of California continues to face a fiscal and
economic crisis affecting the state budget and the overall state
economy. In light of this crisis, a one-time infraction amnesty
program would do the following:
(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
(2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
(3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (d) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
(c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:
(1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code and Sections 76000, 70372, 76104.6, 76104.7, and 76000.5
of the Government Code.
(3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
(4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
(5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
(d) Violations are only eligible for amnesty if all of the
following requirements are met:
(1) The violation is an infraction violation filed with the court.
(2) The due date for payment of the fine or bail was on or before
January 1, 2009.
(3) The defendant does not owe victim restitution on any case
within the county.
(4) There are no outstanding misdemeanor or felony warrants for
the defendant within the county.
(e) Each amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section shall
be accepted beginning January 1, 2012, and ending June 30, 2012. The
Judicial Council shall adopt guidelines for the amnesty program no
later than November 1, 2011, and each program shall be conducted in
accordance with Judicial Council guidelines.
(f) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
(g) The total amount of funds collected under the amnesty program
shall as soon as practical after receipt thereof be deposited in the
county treasury or the account established under Section 77009 of the
Government Code. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
Notwithstanding Section 1203.1d of the Penal Code, the remaining
revenues collected under the amnesty program shall be distributed on
a pro rata basis in the same manner as a partial payment distributed
pursuant to Section 1462.5 of the Penal Code.
(h) Each court or county implementing an amnesty program shall
file, not later than September 30, 2012, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about
42000. Unless a different penalty is expressly provided by this
code, every person convicted of a felony for a violation of any
provision of this code shall be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) or by imprisonment in the state prison or by both such fine
and imprisonment.
42000.1. Notwithstanding Section 42001, every person convicted of
an infraction for a violation described in subdivision (b) of Section
22348 shall be punished by a fine not exceeding five hundred dollars
($500).
42000.5. Every person convicted of an infraction for a violation of
Section 22350, 22406, or 22407 while operating a bus, motor truck,
or truck tractor having three or more axles, or any motor truck or
truck tractor drawing any other vehicle, shall be punished by a fine
not exceeding one hundred dollars ($100) for a first conviction,
except that if the person has exceeded the specified speed limit by
10 miles per hour or more, the fine shall not exceed two hundred
dollars ($200) for a first conviction, and not exceeding three
hundred dollars ($300) for a second or subsequent conviction.
42001. (a) Except as provided in this code, a person convicted of
an infraction for a violation of this code or of a local ordinance
adopted pursuant to this code shall be punished as follows:
(1) By a fine not exceeding one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(3) For a third or subsequent infraction occurring within one year
of two or more prior infractions that resulted in convictions, a
fine not exceeding two hundred fifty dollars ($250).
(b) A pedestrian convicted of an infraction for a violation of
this code or any local ordinance adopted pursuant to this code shall
be punished by a fine not exceeding fifty dollars ($50).
(c) A person convicted of a violation of subdivision (a) or (b) of
Section 27150.3 shall be punished by a fine of two hundred fifty
dollars ($250), and a person convicted of a violation of subdivision
(c) of Section 27150.3 shall be punished by a fine of one thousand
dollars ($1,000).
(d) Notwithstanding any other provision of law, a local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction. A fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation. If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.
42001.1. (a) Every person convicted of an infraction for a
violation of Section 2815 or a violation of subdivision (a) or (b) of
Section 22526 at an intersection posted pursuant to subdivision (d)
of Section 22526 shall be punished as follows:
(1) For a first conviction, a fine of not less than fifty dollars
($50) nor more than one hundred dollars ($100).
(2) For a second conviction within a period of one year, a fine of
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
(3) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250)
nor more than five hundred dollars ($500).
(b) In addition to the fine specified in subdivision (a), the
court may order the department to suspend the driver's license for up
to 30 days of any person convicted of a third or any subsequent
conviction of Section 2815 within a period of two years, and the
department shall suspend the license for the period of time so
ordered.
42001.2. (a) A person convicted of an infraction for a violation of
Section 27153.5 with a motor vehicle having a manufacturer's maximum
gross vehicle weight rating of 6,001 or more pounds is punishable by
a fine for the first offense of not less than two hundred fifty
dollars ($250) and not more than two thousand five hundred dollars
($2,500), and for a second or subsequent offense within one year of
not less than five hundred dollars ($500) and not more than five
thousand dollars ($5,000).
(b) A person convicted of an infraction for a second or subsequent
violation of Section 27153, or a second or subsequent violation of
27153.5, with a motor vehicle having a manufacturer's maximum gross
vehicle weight rating of less than 6,001 pounds, is punishable by a
fine of not less than one hundred thirty-five dollars ($135) nor more
than two hundred eighty-five dollars ($285).
(c) Notwithstanding Section 40616, the penalties in subdivision
(b) apply when a person is guilty of willfully violating a written
promise to correct, or willfully failing to deliver proof of
correction, as prescribed in Section 40616, when an offense described
in subdivision (b) was the violation for which the notice to correct
was issued and the person was previously convicted of the same
offense, except that costs of repair shall be limited to those
specified in Section 44017 of the Health and Safety Code.
(d) Notwithstanding any other provision of law and subject to
Section 1463.15 of the Penal Code, revenues collected from fines and
forfeitures imposed under this section shall be allocated as follows:
15 percent to the county in which the prosecution is conducted, 10
percent to the prosecuting agency, 25 percent to the enforcement
agency, except the Department of the California Highway Patrol, and
50 percent to the air quality management district or air pollution
control district in which the infraction occurred, to be used for
programs to regulate or control emissions from vehicular sources of
air pollution. If the enforcement agency is the Department of the
California Highway Patrol, the revenues shall be allocated 25 percent
to the county in which the prosecution is conducted, 25 percent to
the prosecuting agency, and 50 percent to the air quality management
district or air pollution control district in which the infraction
occurred. If no prosecuting agency is involved, the revenues that
would otherwise be allocated to the prosecuting agency shall instead
be allocated to the air quality management district or air pollution
control district in which the infraction occurred.
(e) For the purposes of subdivisions (a), (b), and (c), a second
or subsequent offense does not include an offense involving a
different motor vehicle.
42001.3. (a) Violations of Section 34506.3, with respect to any
regulation adopted under Section 34501 relative to the maintenance of
driving logs, shall be punishable by a fine of not more than five
hundred dollars ($500).
(b) Violations of subdivision (a) of Section 34506, with respect
to any regulation adopted under Section 34501 relative to drivers'
hours of service, shall be punishable by a fine of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000).
In addition, the violations may be punishable by imprisonment in the
county jail for not more than six months.
42001.4. Every person convicted of an infraction for violation of
Section 23117 shall be punished as follows:
(a) By a fine of not less than fifty dollars ($50) nor more than
one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine of not less than
seventy-five dollars ($75) nor more than two hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine of not less than one hundred dollars ($100) nor more than two
hundred fifty dollars ($250).
42001.5. (a) A person convicted of an infraction for a violation of
subdivision (i) or (l) of Section 22500, or of Section 22522, shall
be punished by a fine of not less than two hundred fifty dollars
($250).
(b) No part of any fine imposed under this section may be
suspended, except the court may suspend that portion of the fine
above one hundred dollars ($100).
(c) A fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
42001.6. Every person convicted of an infraction for a violation of
Section 22511.1 is punishable by a fine of one hundred dollars
($100).
No part of any fine imposed shall be suspended, except the court
may suspend that portion of the fine above twenty-five dollars ($25)
for a violation of Section 22511.1 if the person convicted possessed
at the time of the offense, but failed to display, a valid
zero-emission vehicle decal identification issued pursuant to
subdivisions (a) and (b) of Section 5205.5. The fine may be paid in
installments if the court determines that the defendant is unable to
pay the entire amount in one payment.
42001.7. (a) Every person convicted of a violation of Section 23111
or 23112, or subdivision (a) of Section 23113, shall be punished by
a mandatory fine of not less than one hundred dollars ($100) nor more
than one thousand dollars ($1,000) upon a first conviction, by a
mandatory fine of not less than five hundred dollars ($500) nor more
than one thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
In no case may the court order imprisonment in the county jail for
a violation punishable under this subdivision, unless imprisonment
is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to
subdivision (a), order the offender to pick up litter or clean up
graffiti at a time and place within the jurisdiction of the court as
follows:
(1) For a first conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than 16 hours.
(3) For a third or subsequent conviction punished pursuant to
subdivision (a), the court shall require the offender to pick up
litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of
highway littering be required to bear the penalty for their actions.
Therefore, the court may not suspend the mandatory fines required by
subdivision (a) except in unusual cases where the interest of justice
would best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a), it
shall, as a condition of that suspension, require the offender to
pick up litter or clean up graffiti at a time and place within the
jurisdiction of the court for not less than eight hours for every one
hundred dollars ($100) of fine suspended. The court may not suspend
the order to pick up litter or clean up graffiti required by this
subdivision or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of that order.
42001.8. Every person convicted of an infraction for a violation of
Section 4000 shall be punished by a fine of not less than fifty
dollars ($50) and not more than two hundred fifty dollars ($250).
42001.9. Every person convicted of an infraction for a violation of
Section 23135 shall be punished by a fine of fifty dollars ($50).
42001.10. Every person convicted for a violation of Section 38020
shall be punished by a fine of not less than fifty dollars ($50) for
a first offense, and not more than two hundred fifty dollars ($250)
for every subsequent offense.
42001.11. Every person convicted of an infraction for a violation
of Section 21655.5 or 21655.8 shall be punished as follows:
(a) For a first conviction, a fine of not less than one hundred
dollars ($100), nor more than one hundred fifty dollars ($150).
(b) For a second conviction within a period of one year, a fine of
not less than one hundred fifty dollars ($150), nor more than two
hundred dollars ($200).
(c) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250),
nor more than five hundred dollars ($500).
42001.12. Every person convicted of an infraction for a violation
of Section 21806 shall be punished as follows:
(a) For a first conviction, by a fine of not less than one hundred
dollars ($100) nor more than two hundred fifty dollars ($250).
(b) For a second conviction within one year, by a fine of not less
than one hundred fifty dollars ($150) nor more than five hundred
dollars ($500).
(c) For a third or any subsequent conviction within three years,
by a fine of not less than two hundred fifty dollars ($250) nor more
than five hundred dollars ($500).
42001.13. (a) A person who commits a violation of Section 22507.8
is subject to either a civil notice of parking violation pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or a criminal notice to appear.
(b) If a notice to appear is issued and upon conviction of an
infraction for a violation of Section 22507.8, a person shall be
punished as follows:
(1) A fine of not less than two hundred fifty dollars ($250) and
not more than five hundred dollars ($500) for the first offense.
(2) A fine of not less than five hundred dollars ($500) and not
more than seven hundred fifty dollars ($750) for the second offense.
(3) A fine of not less than seven hundred fifty dollars ($750) and
not more than one thousand dollars ($1,000) for three or more
offenses.
(c) The court may suspend the imposition of the fine if the person
convicted possessed at the time of the offense, but failed to
display, a valid special identification license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59.
(d) A fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
42001.14. (a) Every person convicted of an infraction for the
offense of disconnecting, modifying, or altering a required pollution
control device in violation of Section 27156 shall be punished as
follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(b) (1) The fines collected under subdivision (a) shall be
allocated pursuant to subdivision (d) of Section 42001.2.
(2) The amounts allocated pursuant to paragraph (1) to the air
pollution control district or air quality management district in
which the infraction occurred shall first be allocated to the State
Air Resources Board and the Bureau of Automotive Repair to pay the
costs of the state board and the bureau under Article 8 (commencing
with Section 44080) of Chapter 5 of Part 5 of Division 26 of the
Health and Safety Code.
(3) The funds collected under subdivision (a) which are not
required for purposes of paragraph (2) shall be used for the
enforcement of Section 27156 or for the implementation of Article 8
(commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
of the Health and Safety Code.
42001.15. Every person convicted of an infraction for a violation
of subdivision (a) or (c) of Section 21453, subdivision (c) of
Section 21454, or subdivision (a) of Section 21457 shall be punished
by a fine of one hundred dollars ($100).
42001.16. (a) Every person convicted of an infraction for a
violation of subdivision (c) of Section 21752, subdivision (c) of
Section 22526, or Section 22450, involving railroad grade crossings,
or Section 22451 or 22452 shall be punished as follows:
(1) For the first infraction, by a fine of one hundred dollars
($100).
(2) For a second infraction of any of the offenses described in
this subdivision occurring within one year of a prior infraction that
resulted in a conviction, by a fine not exceeding two hundred
dollars ($200).
(3) For a third or any subsequent infraction of any of the
offenses described in this subdivision occurring within one year of
two or more prior infractions that resulted in convictions, by a fine
not exceeding two hundred fifty dollars ($250).
(b) In addition to the fine imposed pursuant to subdivision (a), a
court, in a county in which Section 369b of the Penal Code applies,
may require the person to attend a traffic school as described in
Section 369b of the Penal Code.
42001.17. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21951 shall be
punished as follows:
(a) For the first infraction, by a fine of one hundred dollars
($100).
(b) For a second infraction for a violation of Section 21951
occurring within one year of a prior infraction of violating of that
section that resulted in a conviction, by a fine not exceeding two
hundred dollars ($200), as provided in paragraph (2) of subdivision
(a) of Section 42001.
(c) For a third or any subsequent infraction for a violation of
Section 21951 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions,
by a fine not exceeding two hundred fifty dollars ($250), as provided
in paragraph (3) of subdivision (a) of Section 42001.
42001.18. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21971 shall be
punished as follows:
(a) For the first infraction, by a fine of two hundred twenty
dollars ($220).
(b) For a second infraction for a violation of Section 21971
occurring within one year of a prior violation of that section that
resulted in a conviction, by a fine of three hundred twenty dollars
($320).
(c) For a third or any subsequent infraction for a violation of
Section 21971 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions by
a fine of three hundred seventy dollars ($370).
42001.19. Notwithstanding any other provision of law, a person
convicted of a violation of Section 21070 is punishable, as follows:
(a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).
(b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).
42001.20. Notwithstanding any other provision of law, a person who
violates subdivision (b) or (c) of Section 27000 is punishable as
follows:
(a) By a fine of one hundred fifty dollars ($150).
(b) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine, not exceeding two hundred fifty dollars ($250).
42001.25. Notwithstanding any other provision of law, a person who
violates Section 23140 is punishable as follows:
(a) By a fine of one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine of two hundred
dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine of three hundred dollars ($300).
42002. Unless a different penalty is expressly provided by this
code, every person convicted of a misdemeanor for a violation of any
of the provisions of this code shall be punished by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both such fine and
imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, is punishable as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.4. A violation of Section 10751 shall be punished by
imprisonment in the county jail not exceeding six months if the value
of the property does not exceed nine hundred fifty dollars ($950),
and by imprisonment in the county jail not exceeding one year if the
value of the property is more than nine hundred fifty dollars ($950).
42002.5. Notwithstanding Section 42002, every person convicted of a
violation of Section 10852 or 10853 involving a vehicle that has
been modified for the use of a disabled veteran or any other disabled
person and that displays a special identification license plate
issued pursuant to Section 5007 or a distinguishing placard issued
pursuant to Section 22511.55 or 22511.59, if those facts are known or
should reasonably have been known to the person, shall be punished
by a fine of not more than two thousand dollars ($2,000) or by
imprisonment in the county jail for not more than one year, or by
both the fine and imprisonment.
42003. (a) A judgment that a person convicted of an infraction be
punished by a fine may also provide for the payment to be made within
a specified time or in specified installments. A judgment granting a
defendant time to pay the fine shall order that if the defendant
fails to pay the fine or any installment thereof on the date that it
is due, he or she shall appear in court on that date for further
proceedings. Willful violation of the order is punishable as
contempt.
(b) A judgment that a person convicted of any other violation of
this code be punished by a fine may also order, adjudge, and decree
that the person be imprisoned until the fine is satisfied. In all of
these cases, the judgment shall specify the extent of the
imprisonment which shall not exceed one day for every thirty dollars
($30) of the fine, nor extend in this case beyond the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she was convicted.
(c) In any case when a person appears before a traffic referee or
judge of the superior court for adjudication of a violation of this
code, the court, upon request of the defendant, shall consider the
defendant's ability to pay. Consideration of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. The reasonable cost of
these services and of probation shall not exceed the amount
determined to be the actual average cost thereof. The court shall
order the defendant to appear before a county officer designated by
the court to make an inquiry into the ability of the defendant to pay
all or a portion of those costs or the court or traffic referee may
make this determination at a hearing. At that hearing, the defendant
shall be entitled to have, but shall not be limited to, the
opportunity to be heard in person, to present witnesses and other
documentary evidence, to confront and cross-examine adverse
witnesses, to disclosure of the evidence against him or her, and to a
written statement of the findings of the court or the county
officer. If the court determines that the defendant has the ability
to pay all or part of the costs, the court shall set the amount to be
reimbursed and order the defendant to pay that sum to the county in
the manner in which the court believes reasonable and compatible with
the defendant's financial ability; or, with the consent of a
defendant who is placed on probation, the court shall order the
probation officer to set the amount of payment, which shall not
exceed the maximum amount set by the court, and the manner in which
the payment shall be made to the county. In making a determination of
whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant and
any amount the defendant has been ordered to pay in restitution.
The court may hold additional hearings during the probationary
period. If practicable, the court or the probation officer shall
order payments to be made on a monthly basis. Execution may be issued
on the order in the same manner as a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
A payment schedule for reimbursement of the costs of presentence
investigation based on income shall be developed by the probation
department of each county and approved by the presiding judge of the
superior court.
(d) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the presentence
report, and probation, and includes, but is not limited to, all of
the following regarding the defendant:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant will be able to obtain
employment within the six-month period from the date of the hearing.
(4) Any other factors that may bear upon the defendant's financial
capability to reimburse the county for the costs.
(e) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of rendering of the judgment.
42004. For the purpose of determining the penalty to be imposed
pursuant to this code, the court may consider a written report from
the Department of Motor Vehicles containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
For the purpose of this chapter a prior bail forfeiture shall be
deemed to be a conviction of the offense charged.
42004.5. Upon conviction of any violation of any provision of this
code, other than a felony violation and except this section,
execution of sentence of imprisonment in the county jail shall be
suspended, at the request of the convicted person, for a period of 24
hours, unless the judge determines that the person would not return.
If, prior to the end of such period, the person does not deliver
himself into custody for commencement of the execution of such
sentence, his failure to appear shall constitute a misdemeanor.
42005. (a) The court may order or permit a person convicted of a
traffic violation to attend a traffic violator school licensed
pursuant to Chapter 1.5 (commencing with Section 11200) of Division
5.
(b) In lieu of adjudicating a traffic offense committed by a
person who holds a noncommercial class C, class M1, or class M2
driver's license, and with the consent of the defendant, the court
may order the person to attend a licensed traffic violator school, a
licensed driving school, or any other court-approved program or
driving instruction.
(c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, a licensed driving school, or any other
court-approved program of driving instruction in lieu of adjudicating
any traffic offense committed by the holder of a class A, class B,
or commercial class C driver's license.
(d) The court may not order or permit a person, regardless of the
driver's license class, to complete a licensed traffic violator
school, a licensed driving school, or any other court-approved
program of driving instruction in lieu of adjudicating an offense if
that offense is either of the following:
(1) Occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(e) Except as otherwise provided in subdivision (a) of Section
42005.2, a person so ordered may choose the traffic violator school
the person will attend. The court shall make available to each person
subject to that order the current list of traffic violator schools
published by the department pursuant to Section 11205.
(f) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
(g) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
42005. (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or no contest or is convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, in lieu of adjudicating any traffic offense or
order that a conviction of a traffic offense by a person holding a
class A, class B, or commercial class C driver's license be kept
confidential.
(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7 or permit a person,
regardless of the driver's license class, to complete a program at a
licensed traffic violator school in lieu of adjudicating an offense
if either of the following applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) may choose the traffic violator school the person
will attend. The court shall provide to each person subject to that
order or referral the department's current list of licensed traffic
violator schools.
(e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
(f) This section shall become operative on July 1, 2011.
42005.1. The court may order a person designated to attend a
traffic violator school to instead participate in a study of traffic
violator schools licensed pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5. The person's participation in that
study constitutes attending a licensed traffic violator school
program.
42005.2. (a) In those counties in which, prior to January 1, 1985,
one or more individual courts, or the county acting on behalf of one
or more individual courts, contracted for the provision of traffic
safety instructional services to traffic violators referred by the
court pursuant to a pretrial diversion program, the courts may
restrict referrals to those schools for traffic violators or licensed
driving schools that are under contract with the court or with the
county to provide traffic safety instructional services for persons
referred pursuant to subdivision (a) of Section 42005.
(b) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county,
and the county shall be exempt from state regulations relative to
maximum classroom attendance.
(c) Notwithstanding subdivisions (a) and (b), a court in the
counties described in those subdivisions shall comply with the
prohibitions set forth in subdivisions (c) and (d) of Section 42005.
(d) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.
42005.3. Operative January 1, 1993, no local authority may allow a
person who is alleged to have committed a traffic offense in
violation of this code or an ordinance or resolution adopted under
this code, to participate in a driver awareness or education program
or in any other diversion program as an alternative to the procedure
required to be followed under this code for alleged violations of
this code.
This section does not apply to diversion programs for minors who
commit infractions not involving a motor vehicle for which no fee is
charged.
42005.5. Notwithstanding Section 46300 or 84500 of the Education
Code or any other provision of law, on and after September 1, 1985,
attendance at a school for traffic violators permitted or ordered
pursuant to Section 41501 or 42005 shall not be included in computing
the average daily attendance of any school district, community
college district, or other public educational institution for
purposes of allocation of state funds.
42006. (a) Except as provided in subdivision (c), there may be
levied a special assessment in an amount equal to one dollar ($1) for
every fine, forfeiture, and traffic violator school fee imposed and
collected by any court that conducts a night or weekend session of
the court, on all offenses involving a violation of a section of this
code or any local ordinance adopted pursuant to this code, except
offenses relating to parking.
(b) When a person makes a deposit of bail for an offense to which
this section applies, in a case in which the person is required to
appear in a court that conducts a night or weekend session, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed in this section for forfeited bail.
If bail is forfeited, the amount of the assessment shall be
transmitted by the clerk of the court to the county treasury for
disposition as prescribed by subdivision (d).
(c) If a court conducts night or weekend sessions at two or more
locations, the court may do either of the following:
(1) Levy assessments only on those persons who are required to
appear at the location where night or weekend sessions are held.
(2) Levy assessments on persons who have the option to appear at a
location where night or weekend court sessions are held and that is
within 25 miles of the location of the court where the person is
otherwise required to appear.
(d) After a determination by the court of the amount of the
assessment due, the clerk of the court shall collect the amount and
transmit it as provided in subdivision (g).
(e) In any case where a person convicted of any offense to which
this section applies is imprisoned until the fine is satisfied, the
court shall waive the penalty assessment.
(f) As used in subdivisions (g) and (h), the following terms have
the following meanings:
(1) "Court Facilities Trust Fund" means the fund established by
Section 70352 of the Government Code.
(2) "Location" means a court facility holding night or weekend
sessions under this section.
(3) "Transfer of responsibility" means the transfer of
responsibility for court facilities from the counties to the state
pursuant to Chapter 5.7 (commencing with Section 70301) of Title 8 of
the Government Code.
(g) (1) If transfer of responsibility for a location has occurred,
the clerk shall collect any assessment imposed pursuant to
subdivision (c) and transmit it to the Court Facilities Trust Fund.
Moneys deposited pursuant to this subdivision shall be used for any
purpose provided by subdivision (b) of Section 70352 of the
Government Code.
(2) If transfer of responsibility for a location has not occurred,
the clerk shall collect any assessment imposed pursuant to
subdivision (c) and transmit it to the county treasury to be
deposited in the night court session fund, and the moneys in the fund
shall be expended by the county for maintaining courts for which
transfer of responsibility has not occurred and that have night or
weekend sessions for traffic offenses.
(h) (1) The county treasurer of each county shall transfer from
the night court session fund to the Court Facilities Trust Fund an
amount that is the same percentage of the night court session fund as
of January 1, 2009, as the square footage of locations for which
transfer of responsibility has occurred on or before January 1, 2009,
is to the total square footage of locations.
(2) For locations for which transfer of responsibility occurs
after January 1, 2009, the county treasurer shall, at the time of
transfer of any location, transfer from the night court session fund
to the Court Facilities Trust Fund an amount that is the same
percentage of the night court session fund as the square footage of
the location for which transfer of responsibility is occurring is to
the sum of the square footage of locations for which transfer of
responsibility has not occurred and the square footage of the
location being transferred.
(3) Upon the transfer of responsibility for all locations, the
county treasurer shall transfer to the Court Facilities Trust Fund
any amount remaining in the night court session fund.
(4) Any expenditures made from the fund for a purpose other than
those specified in paragraph (2) of subdivision (g) shall be repaid
to the state for deposit in the Court Facilities Trust Fund.
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee shall
be in an amount equal to the total bail set forth for the eligible
offense on the uniform countywide bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
(3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
(f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
42007. (a) (1) The clerk of the court shall collect from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Statewide Bail Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts. If multiple offenses are charged in a single notice
to appear, the "total bail" is the amount applicable for the greater
of the qualifying offenses. However, the court may determine a lesser
fee under this subdivision upon a showing that the defendant is
unable to pay the full amount. The fee shall not include the cost, or
any part thereof, of traffic safety instruction offered by a traffic
violator school.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. If the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
(3) If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility that was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.
(e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
(f) This section shall become operative on July 1, 2011.
42007.1. (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee determined by the department to be sufficient to defray the cost
of routine monitoring of traffic violator school instruction pursuant
to subdivision (c) of Section 11208, and a fee, if any, established
by the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
42007.3. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 41501
or 42005 as a result of a violation of subdivision (a) or (c) of
Section 21453, subdivision (c) of Section 21454, or subdivision (a)
of Section 21457 shall be allocated as follows:
(1) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
(b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
42007.4. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 369b
of the Penal Code as a result of a violation of subdivision (c) of
Section 21752, involving railroad grade crossings, or Section 22451
or 22452 shall be allocated as follows:
(1) If the offense occurred in an area where a transit district or
transportation commission established under Division 12 (commencing
with Section 130000) of the Public Utilities Code provides rail
transportation, the first 30 percent of the amount collected shall be
allocated to the general fund of that transit district or
transportation commission to be used only for public safety and
public education purposes relating to railroad grade crossings.
(2) If there is no transit district or transportation commission
providing rail transportation in the area where the offense occurred,
the first 30 percent of the amount collected shall be allocated to
the general fund of the county in which the offense occurred, to be
used only for public safety and public education purposes relating to
railroad grade crossings.
(3) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463 of the Penal Code.
(4) A transit district, transportation commission, or a county
that is allocated funds pursuant to paragraph (1) or (2) shall
provide public safety and public education relating to railroad grade
crossings only to the extent that those purposes are funded by the
allocations provided pursuant to paragraph (1) or (2).
(b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
42008. (a) Any county may operate an amnesty program for delinquent
fines and bail imposed for an infraction or misdemeanor violation of
the Vehicle Code, except parking violations of the Vehicle Code and
violations of Section 23103, 23104, 23152, or 23153. The program
shall be implemented by the courts in accordance with Judicial
Council guidelines, and shall apply to infraction or misdemeanor
violations of the Vehicle Code, except parking violations, upon which
a fine or bail was delinquent on or before April 1, 1991.
(b) Under the amnesty program, any person owing a fine or bail due
on or before April 1, 1991, that was imposed for an infraction or
misdemeanor violation of the Vehicle Code, except violations of
Section 23103, 23104, 23152, or 23153 or parking violations, may pay
to the superior court the amount scheduled by the court, which shall
be either (1) 70 percent of the total fine or bail or (2) the amount
of one hundred dollars ($100) for an infraction or five hundred
dollars ($500) for a misdemeanor. This amount shall be accepted by
the court in full satisfaction of the delinquent fine or bail.
(c) No criminal action shall be brought against any person for a
delinquent fine or bail paid under this amnesty program and no other
additional penalties shall be assessed for the late payment of the
fine or bail made under the amnesty program.
(d) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program created by this section shall be deposited in the county
treasury.
42008.5. (a) A county may establish a one-time amnesty program for
fines and bail that have been delinquent for not less than six months
as of the date upon which the program commences and were imposed for
an infraction or misdemeanor violation of this code, except parking
violations of this code and violations of Section 23103, 23104,
23105, 23152, or 23153.
(b) A person owing a fine or bail that is eligible for amnesty
under the program may pay to the superior or juvenile court the
amount scheduled by the court, that shall be accepted by the court in
full satisfaction of the delinquent fine or bail and shall be either
of the following:
(1) Seventy percent of the total fine or bail.
(2) The amount of one hundred dollars ($100) for an infraction or
five hundred dollars ($500) for a misdemeanor.
(c) The amnesty program shall be implemented by the courts of the
county on a one-time basis and conducted in accordance with Judicial
Council guidelines for a period of not less than 120 days. The
program shall operate not longer than six months from the date the
court initiates the program.
(d) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program and no other
additional penalties, except as provided in Section 1214.1 of the
Penal Code, shall be assessed for the late payment of the fine or
bail made under the amnesty program.
(e) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program shall be deposited in the county treasury until 150 percent
of the cost of operating the program, excluding capital expenditures,
have been so deposited. Thereafter, 37 percent of the amount of the
delinquent fines and bail deposited in the county treasury shall be
distributed by the county pursuant to Section 1464 of the Penal Code,
26 percent of the amount deposited shall be distributed by the
county pursuant to Article 2 (commencing with Section 76100) of
Chapter 12 of Title 8 of the Government Code, and the remaining 37
percent of the amount deposited shall be retained by the county.
(f) The deposit of fines and bails in the county treasury as
described in subdivision (e) is limited to the amnesty program
described in this section, and it is the intent of the Legislature
that it shall not be considered a precedent with respect to affecting
programs that receive funding pursuant to Section 1463 of the Penal
Code.
(g) Each county participating in the program shall file, not later
than six months after the termination of the program, a written
report with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. The report shall summarize the amount of
money collected, operating costs of the program, distribution of
funds collected, and when possible, how the funds were expended.
42008.7. (a) The State of California continues to face a fiscal and
economic crisis affecting the state budget and the overall state
economy. In light of this crisis, a one-time infraction amnesty
program would do the following:
(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
(2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
(3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (d) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
(c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:
(1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code and Sections 76000, 70372, 76104.6, 76104.7, and 76000.5
of the Government Code.
(3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
(4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
(5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
(d) Violations are only eligible for amnesty if all of the
following requirements are met:
(1) The violation is an infraction violation filed with the court.
(2) The due date for payment of the fine or bail was on or before
January 1, 2009.
(3) The defendant does not owe victim restitution on any case
within the county.
(4) There are no outstanding misdemeanor or felony warrants for
the defendant within the county.
(e) Each amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section shall
be accepted beginning January 1, 2012, and ending June 30, 2012. The
Judicial Council shall adopt guidelines for the amnesty program no
later than November 1, 2011, and each program shall be conducted in
accordance with Judicial Council guidelines.
(f) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
(g) The total amount of funds collected under the amnesty program
shall as soon as practical after receipt thereof be deposited in the
county treasury or the account established under Section 77009 of the
Government Code. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
Notwithstanding Section 1203.1d of the Penal Code, the remaining
revenues collected under the amnesty program shall be distributed on
a pro rata basis in the same manner as a partial payment distributed
pursuant to Section 1462.5 of the Penal Code.
(h) Each court or county implementing an amnesty program shall
file, not later than September 30, 2012, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about
42000. Unless a different penalty is expressly provided by this
code, every person convicted of a felony for a violation of any
provision of this code shall be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) or by imprisonment in the state prison or by both such fine
and imprisonment.
42000.1. Notwithstanding Section 42001, every person convicted of
an infraction for a violation described in subdivision (b) of Section
22348 shall be punished by a fine not exceeding five hundred dollars
($500).
42000.5. Every person convicted of an infraction for a violation of
Section 22350, 22406, or 22407 while operating a bus, motor truck,
or truck tractor having three or more axles, or any motor truck or
truck tractor drawing any other vehicle, shall be punished by a fine
not exceeding one hundred dollars ($100) for a first conviction,
except that if the person has exceeded the specified speed limit by
10 miles per hour or more, the fine shall not exceed two hundred
dollars ($200) for a first conviction, and not exceeding three
hundred dollars ($300) for a second or subsequent conviction.
42001. (a) Except as provided in this code, a person convicted of
an infraction for a violation of this code or of a local ordinance
adopted pursuant to this code shall be punished as follows:
(1) By a fine not exceeding one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(3) For a third or subsequent infraction occurring within one year
of two or more prior infractions that resulted in convictions, a
fine not exceeding two hundred fifty dollars ($250).
(b) A pedestrian convicted of an infraction for a violation of
this code or any local ordinance adopted pursuant to this code shall
be punished by a fine not exceeding fifty dollars ($50).
(c) A person convicted of a violation of subdivision (a) or (b) of
Section 27150.3 shall be punished by a fine of two hundred fifty
dollars ($250), and a person convicted of a violation of subdivision
(c) of Section 27150.3 shall be punished by a fine of one thousand
dollars ($1,000).
(d) Notwithstanding any other provision of law, a local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction. A fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation. If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.
42001.1. (a) Every person convicted of an infraction for a
violation of Section 2815 or a violation of subdivision (a) or (b) of
Section 22526 at an intersection posted pursuant to subdivision (d)
of Section 22526 shall be punished as follows:
(1) For a first conviction, a fine of not less than fifty dollars
($50) nor more than one hundred dollars ($100).
(2) For a second conviction within a period of one year, a fine of
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
(3) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250)
nor more than five hundred dollars ($500).
(b) In addition to the fine specified in subdivision (a), the
court may order the department to suspend the driver's license for up
to 30 days of any person convicted of a third or any subsequent
conviction of Section 2815 within a period of two years, and the
department shall suspend the license for the period of time so
ordered.
42001.2. (a) A person convicted of an infraction for a violation of
Section 27153.5 with a motor vehicle having a manufacturer's maximum
gross vehicle weight rating of 6,001 or more pounds is punishable by
a fine for the first offense of not less than two hundred fifty
dollars ($250) and not more than two thousand five hundred dollars
($2,500), and for a second or subsequent offense within one year of
not less than five hundred dollars ($500) and not more than five
thousand dollars ($5,000).
(b) A person convicted of an infraction for a second or subsequent
violation of Section 27153, or a second or subsequent violation of
27153.5, with a motor vehicle having a manufacturer's maximum gross
vehicle weight rating of less than 6,001 pounds, is punishable by a
fine of not less than one hundred thirty-five dollars ($135) nor more
than two hundred eighty-five dollars ($285).
(c) Notwithstanding Section 40616, the penalties in subdivision
(b) apply when a person is guilty of willfully violating a written
promise to correct, or willfully failing to deliver proof of
correction, as prescribed in Section 40616, when an offense described
in subdivision (b) was the violation for which the notice to correct
was issued and the person was previously convicted of the same
offense, except that costs of repair shall be limited to those
specified in Section 44017 of the Health and Safety Code.
(d) Notwithstanding any other provision of law and subject to
Section 1463.15 of the Penal Code, revenues collected from fines and
forfeitures imposed under this section shall be allocated as follows:
15 percent to the county in which the prosecution is conducted, 10
percent to the prosecuting agency, 25 percent to the enforcement
agency, except the Department of the California Highway Patrol, and
50 percent to the air quality management district or air pollution
control district in which the infraction occurred, to be used for
programs to regulate or control emissions from vehicular sources of
air pollution. If the enforcement agency is the Department of the
California Highway Patrol, the revenues shall be allocated 25 percent
to the county in which the prosecution is conducted, 25 percent to
the prosecuting agency, and 50 percent to the air quality management
district or air pollution control district in which the infraction
occurred. If no prosecuting agency is involved, the revenues that
would otherwise be allocated to the prosecuting agency shall instead
be allocated to the air quality management district or air pollution
control district in which the infraction occurred.
(e) For the purposes of subdivisions (a), (b), and (c), a second
or subsequent offense does not include an offense involving a
different motor vehicle.
42001.3. (a) Violations of Section 34506.3, with respect to any
regulation adopted under Section 34501 relative to the maintenance of
driving logs, shall be punishable by a fine of not more than five
hundred dollars ($500).
(b) Violations of subdivision (a) of Section 34506, with respect
to any regulation adopted under Section 34501 relative to drivers'
hours of service, shall be punishable by a fine of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000).
In addition, the violations may be punishable by imprisonment in the
county jail for not more than six months.
42001.4. Every person convicted of an infraction for violation of
Section 23117 shall be punished as follows:
(a) By a fine of not less than fifty dollars ($50) nor more than
one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine of not less than
seventy-five dollars ($75) nor more than two hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine of not less than one hundred dollars ($100) nor more than two
hundred fifty dollars ($250).
42001.5. (a) A person convicted of an infraction for a violation of
subdivision (i) or (l) of Section 22500, or of Section 22522, shall
be punished by a fine of not less than two hundred fifty dollars
($250).
(b) No part of any fine imposed under this section may be
suspended, except the court may suspend that portion of the fine
above one hundred dollars ($100).
(c) A fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
42001.6. Every person convicted of an infraction for a violation of
Section 22511.1 is punishable by a fine of one hundred dollars
($100).
No part of any fine imposed shall be suspended, except the court
may suspend that portion of the fine above twenty-five dollars ($25)
for a violation of Section 22511.1 if the person convicted possessed
at the time of the offense, but failed to display, a valid
zero-emission vehicle decal identification issued pursuant to
subdivisions (a) and (b) of Section 5205.5. The fine may be paid in
installments if the court determines that the defendant is unable to
pay the entire amount in one payment.
42001.7. (a) Every person convicted of a violation of Section 23111
or 23112, or subdivision (a) of Section 23113, shall be punished by
a mandatory fine of not less than one hundred dollars ($100) nor more
than one thousand dollars ($1,000) upon a first conviction, by a
mandatory fine of not less than five hundred dollars ($500) nor more
than one thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
In no case may the court order imprisonment in the county jail for
a violation punishable under this subdivision, unless imprisonment
is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to
subdivision (a), order the offender to pick up litter or clean up
graffiti at a time and place within the jurisdiction of the court as
follows:
(1) For a first conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than 16 hours.
(3) For a third or subsequent conviction punished pursuant to
subdivision (a), the court shall require the offender to pick up
litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of
highway littering be required to bear the penalty for their actions.
Therefore, the court may not suspend the mandatory fines required by
subdivision (a) except in unusual cases where the interest of justice
would best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a), it
shall, as a condition of that suspension, require the offender to
pick up litter or clean up graffiti at a time and place within the
jurisdiction of the court for not less than eight hours for every one
hundred dollars ($100) of fine suspended. The court may not suspend
the order to pick up litter or clean up graffiti required by this
subdivision or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of that order.
42001.8. Every person convicted of an infraction for a violation of
Section 4000 shall be punished by a fine of not less than fifty
dollars ($50) and not more than two hundred fifty dollars ($250).
42001.9. Every person convicted of an infraction for a violation of
Section 23135 shall be punished by a fine of fifty dollars ($50).
42001.10. Every person convicted for a violation of Section 38020
shall be punished by a fine of not less than fifty dollars ($50) for
a first offense, and not more than two hundred fifty dollars ($250)
for every subsequent offense.
42001.11. Every person convicted of an infraction for a violation
of Section 21655.5 or 21655.8 shall be punished as follows:
(a) For a first conviction, a fine of not less than one hundred
dollars ($100), nor more than one hundred fifty dollars ($150).
(b) For a second conviction within a period of one year, a fine of
not less than one hundred fifty dollars ($150), nor more than two
hundred dollars ($200).
(c) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250),
nor more than five hundred dollars ($500).
42001.12. Every person convicted of an infraction for a violation
of Section 21806 shall be punished as follows:
(a) For a first conviction, by a fine of not less than one hundred
dollars ($100) nor more than two hundred fifty dollars ($250).
(b) For a second conviction within one year, by a fine of not less
than one hundred fifty dollars ($150) nor more than five hundred
dollars ($500).
(c) For a third or any subsequent conviction within three years,
by a fine of not less than two hundred fifty dollars ($250) nor more
than five hundred dollars ($500).
42001.13. (a) A person who commits a violation of Section 22507.8
is subject to either a civil notice of parking violation pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or a criminal notice to appear.
(b) If a notice to appear is issued and upon conviction of an
infraction for a violation of Section 22507.8, a person shall be
punished as follows:
(1) A fine of not less than two hundred fifty dollars ($250) and
not more than five hundred dollars ($500) for the first offense.
(2) A fine of not less than five hundred dollars ($500) and not
more than seven hundred fifty dollars ($750) for the second offense.
(3) A fine of not less than seven hundred fifty dollars ($750) and
not more than one thousand dollars ($1,000) for three or more
offenses.
(c) The court may suspend the imposition of the fine if the person
convicted possessed at the time of the offense, but failed to
display, a valid special identification license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59.
(d) A fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
42001.14. (a) Every person convicted of an infraction for the
offense of disconnecting, modifying, or altering a required pollution
control device in violation of Section 27156 shall be punished as
follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(b) (1) The fines collected under subdivision (a) shall be
allocated pursuant to subdivision (d) of Section 42001.2.
(2) The amounts allocated pursuant to paragraph (1) to the air
pollution control district or air quality management district in
which the infraction occurred shall first be allocated to the State
Air Resources Board and the Bureau of Automotive Repair to pay the
costs of the state board and the bureau under Article 8 (commencing
with Section 44080) of Chapter 5 of Part 5 of Division 26 of the
Health and Safety Code.
(3) The funds collected under subdivision (a) which are not
required for purposes of paragraph (2) shall be used for the
enforcement of Section 27156 or for the implementation of Article 8
(commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
of the Health and Safety Code.
42001.15. Every person convicted of an infraction for a violation
of subdivision (a) or (c) of Section 21453, subdivision (c) of
Section 21454, or subdivision (a) of Section 21457 shall be punished
by a fine of one hundred dollars ($100).
42001.16. (a) Every person convicted of an infraction for a
violation of subdivision (c) of Section 21752, subdivision (c) of
Section 22526, or Section 22450, involving railroad grade crossings,
or Section 22451 or 22452 shall be punished as follows:
(1) For the first infraction, by a fine of one hundred dollars
($100).
(2) For a second infraction of any of the offenses described in
this subdivision occurring within one year of a prior infraction that
resulted in a conviction, by a fine not exceeding two hundred
dollars ($200).
(3) For a third or any subsequent infraction of any of the
offenses described in this subdivision occurring within one year of
two or more prior infractions that resulted in convictions, by a fine
not exceeding two hundred fifty dollars ($250).
(b) In addition to the fine imposed pursuant to subdivision (a), a
court, in a county in which Section 369b of the Penal Code applies,
may require the person to attend a traffic school as described in
Section 369b of the Penal Code.
42001.17. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21951 shall be
punished as follows:
(a) For the first infraction, by a fine of one hundred dollars
($100).
(b) For a second infraction for a violation of Section 21951
occurring within one year of a prior infraction of violating of that
section that resulted in a conviction, by a fine not exceeding two
hundred dollars ($200), as provided in paragraph (2) of subdivision
(a) of Section 42001.
(c) For a third or any subsequent infraction for a violation of
Section 21951 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions,
by a fine not exceeding two hundred fifty dollars ($250), as provided
in paragraph (3) of subdivision (a) of Section 42001.
42001.18. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21971 shall be
punished as follows:
(a) For the first infraction, by a fine of two hundred twenty
dollars ($220).
(b) For a second infraction for a violation of Section 21971
occurring within one year of a prior violation of that section that
resulted in a conviction, by a fine of three hundred twenty dollars
($320).
(c) For a third or any subsequent infraction for a violation of
Section 21971 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions by
a fine of three hundred seventy dollars ($370).
42001.19. Notwithstanding any other provision of law, a person
convicted of a violation of Section 21070 is punishable, as follows:
(a) For a violation involving bodily injury, by a fine of seventy
dollars ($70).
(b) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, by a fine of ninety-five dollars
($95).
42001.20. Notwithstanding any other provision of law, a person who
violates subdivision (b) or (c) of Section 27000 is punishable as
follows:
(a) By a fine of one hundred fifty dollars ($150).
(b) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine, not exceeding two hundred fifty dollars ($250).
42001.25. Notwithstanding any other provision of law, a person who
violates Section 23140 is punishable as follows:
(a) By a fine of one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine of two hundred
dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions that resulted in convictions, a
fine of three hundred dollars ($300).
42002. Unless a different penalty is expressly provided by this
code, every person convicted of a misdemeanor for a violation of any
of the provisions of this code shall be punished by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both such fine and
imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, is punishable as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.1. A person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as it affects a failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering a person, shall be punished as follows:
(a) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(b) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(c) For a third or a subsequent conviction within a period of one
year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
42002.4. A violation of Section 10751 shall be punished by
imprisonment in the county jail not exceeding six months if the value
of the property does not exceed nine hundred fifty dollars ($950),
and by imprisonment in the county jail not exceeding one year if the
value of the property is more than nine hundred fifty dollars ($950).
42002.5. Notwithstanding Section 42002, every person convicted of a
violation of Section 10852 or 10853 involving a vehicle that has
been modified for the use of a disabled veteran or any other disabled
person and that displays a special identification license plate
issued pursuant to Section 5007 or a distinguishing placard issued
pursuant to Section 22511.55 or 22511.59, if those facts are known or
should reasonably have been known to the person, shall be punished
by a fine of not more than two thousand dollars ($2,000) or by
imprisonment in the county jail for not more than one year, or by
both the fine and imprisonment.
42003. (a) A judgment that a person convicted of an infraction be
punished by a fine may also provide for the payment to be made within
a specified time or in specified installments. A judgment granting a
defendant time to pay the fine shall order that if the defendant
fails to pay the fine or any installment thereof on the date that it
is due, he or she shall appear in court on that date for further
proceedings. Willful violation of the order is punishable as
contempt.
(b) A judgment that a person convicted of any other violation of
this code be punished by a fine may also order, adjudge, and decree
that the person be imprisoned until the fine is satisfied. In all of
these cases, the judgment shall specify the extent of the
imprisonment which shall not exceed one day for every thirty dollars
($30) of the fine, nor extend in this case beyond the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she was convicted.
(c) In any case when a person appears before a traffic referee or
judge of the superior court for adjudication of a violation of this
code, the court, upon request of the defendant, shall consider the
defendant's ability to pay. Consideration of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. The reasonable cost of
these services and of probation shall not exceed the amount
determined to be the actual average cost thereof. The court shall
order the defendant to appear before a county officer designated by
the court to make an inquiry into the ability of the defendant to pay
all or a portion of those costs or the court or traffic referee may
make this determination at a hearing. At that hearing, the defendant
shall be entitled to have, but shall not be limited to, the
opportunity to be heard in person, to present witnesses and other
documentary evidence, to confront and cross-examine adverse
witnesses, to disclosure of the evidence against him or her, and to a
written statement of the findings of the court or the county
officer. If the court determines that the defendant has the ability
to pay all or part of the costs, the court shall set the amount to be
reimbursed and order the defendant to pay that sum to the county in
the manner in which the court believes reasonable and compatible with
the defendant's financial ability; or, with the consent of a
defendant who is placed on probation, the court shall order the
probation officer to set the amount of payment, which shall not
exceed the maximum amount set by the court, and the manner in which
the payment shall be made to the county. In making a determination of
whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant and
any amount the defendant has been ordered to pay in restitution.
The court may hold additional hearings during the probationary
period. If practicable, the court or the probation officer shall
order payments to be made on a monthly basis. Execution may be issued
on the order in the same manner as a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
A payment schedule for reimbursement of the costs of presentence
investigation based on income shall be developed by the probation
department of each county and approved by the presiding judge of the
superior court.
(d) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the presentence
report, and probation, and includes, but is not limited to, all of
the following regarding the defendant:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant will be able to obtain
employment within the six-month period from the date of the hearing.
(4) Any other factors that may bear upon the defendant's financial
capability to reimburse the county for the costs.
(e) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of rendering of the judgment.
42004. For the purpose of determining the penalty to be imposed
pursuant to this code, the court may consider a written report from
the Department of Motor Vehicles containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
For the purpose of this chapter a prior bail forfeiture shall be
deemed to be a conviction of the offense charged.
42004.5. Upon conviction of any violation of any provision of this
code, other than a felony violation and except this section,
execution of sentence of imprisonment in the county jail shall be
suspended, at the request of the convicted person, for a period of 24
hours, unless the judge determines that the person would not return.
If, prior to the end of such period, the person does not deliver
himself into custody for commencement of the execution of such
sentence, his failure to appear shall constitute a misdemeanor.
42005. (a) The court may order or permit a person convicted of a
traffic violation to attend a traffic violator school licensed
pursuant to Chapter 1.5 (commencing with Section 11200) of Division
5.
(b) In lieu of adjudicating a traffic offense committed by a
person who holds a noncommercial class C, class M1, or class M2
driver's license, and with the consent of the defendant, the court
may order the person to attend a licensed traffic violator school, a
licensed driving school, or any other court-approved program or
driving instruction.
(c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, a licensed driving school, or any other
court-approved program of driving instruction in lieu of adjudicating
any traffic offense committed by the holder of a class A, class B,
or commercial class C driver's license.
(d) The court may not order or permit a person, regardless of the
driver's license class, to complete a licensed traffic violator
school, a licensed driving school, or any other court-approved
program of driving instruction in lieu of adjudicating an offense if
that offense is either of the following:
(1) Occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(e) Except as otherwise provided in subdivision (a) of Section
42005.2, a person so ordered may choose the traffic violator school
the person will attend. The court shall make available to each person
subject to that order the current list of traffic violator schools
published by the department pursuant to Section 11205.
(f) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
(g) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
42005. (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or no contest or is convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, in lieu of adjudicating any traffic offense or
order that a conviction of a traffic offense by a person holding a
class A, class B, or commercial class C driver's license be kept
confidential.
(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7 or permit a person,
regardless of the driver's license class, to complete a program at a
licensed traffic violator school in lieu of adjudicating an offense
if either of the following applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) may choose the traffic violator school the person
will attend. The court shall provide to each person subject to that
order or referral the department's current list of licensed traffic
violator schools.
(e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
(f) This section shall become operative on July 1, 2011.
42005.1. The court may order a person designated to attend a
traffic violator school to instead participate in a study of traffic
violator schools licensed pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5. The person's participation in that
study constitutes attending a licensed traffic violator school
program.
42005.2. (a) In those counties in which, prior to January 1, 1985,
one or more individual courts, or the county acting on behalf of one
or more individual courts, contracted for the provision of traffic
safety instructional services to traffic violators referred by the
court pursuant to a pretrial diversion program, the courts may
restrict referrals to those schools for traffic violators or licensed
driving schools that are under contract with the court or with the
county to provide traffic safety instructional services for persons
referred pursuant to subdivision (a) of Section 42005.
(b) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county,
and the county shall be exempt from state regulations relative to
maximum classroom attendance.
(c) Notwithstanding subdivisions (a) and (b), a court in the
counties described in those subdivisions shall comply with the
prohibitions set forth in subdivisions (c) and (d) of Section 42005.
(d) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.
42005.3. Operative January 1, 1993, no local authority may allow a
person who is alleged to have committed a traffic offense in
violation of this code or an ordinance or resolution adopted under
this code, to participate in a driver awareness or education program
or in any other diversion program as an alternative to the procedure
required to be followed under this code for alleged violations of
this code.
This section does not apply to diversion programs for minors who
commit infractions not involving a motor vehicle for which no fee is
charged.
42005.5. Notwithstanding Section 46300 or 84500 of the Education
Code or any other provision of law, on and after September 1, 1985,
attendance at a school for traffic violators permitted or ordered
pursuant to Section 41501 or 42005 shall not be included in computing
the average daily attendance of any school district, community
college district, or other public educational institution for
purposes of allocation of state funds.
42006. (a) Except as provided in subdivision (c), there may be
levied a special assessment in an amount equal to one dollar ($1) for
every fine, forfeiture, and traffic violator school fee imposed and
collected by any court that conducts a night or weekend session of
the court, on all offenses involving a violation of a section of this
code or any local ordinance adopted pursuant to this code, except
offenses relating to parking.
(b) When a person makes a deposit of bail for an offense to which
this section applies, in a case in which the person is required to
appear in a court that conducts a night or weekend session, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed in this section for forfeited bail.
If bail is forfeited, the amount of the assessment shall be
transmitted by the clerk of the court to the county treasury for
disposition as prescribed by subdivision (d).
(c) If a court conducts night or weekend sessions at two or more
locations, the court may do either of the following:
(1) Levy assessments only on those persons who are required to
appear at the location where night or weekend sessions are held.
(2) Levy assessments on persons who have the option to appear at a
location where night or weekend court sessions are held and that is
within 25 miles of the location of the court where the person is
otherwise required to appear.
(d) After a determination by the court of the amount of the
assessment due, the clerk of the court shall collect the amount and
transmit it as provided in subdivision (g).
(e) In any case where a person convicted of any offense to which
this section applies is imprisoned until the fine is satisfied, the
court shall waive the penalty assessment.
(f) As used in subdivisions (g) and (h), the following terms have
the following meanings:
(1) "Court Facilities Trust Fund" means the fund established by
Section 70352 of the Government Code.
(2) "Location" means a court facility holding night or weekend
sessions under this section.
(3) "Transfer of responsibility" means the transfer of
responsibility for court facilities from the counties to the state
pursuant to Chapter 5.7 (commencing with Section 70301) of Title 8 of
the Government Code.
(g) (1) If transfer of responsibility for a location has occurred,
the clerk shall collect any assessment imposed pursuant to
subdivision (c) and transmit it to the Court Facilities Trust Fund.
Moneys deposited pursuant to this subdivision shall be used for any
purpose provided by subdivision (b) of Section 70352 of the
Government Code.
(2) If transfer of responsibility for a location has not occurred,
the clerk shall collect any assessment imposed pursuant to
subdivision (c) and transmit it to the county treasury to be
deposited in the night court session fund, and the moneys in the fund
shall be expended by the county for maintaining courts for which
transfer of responsibility has not occurred and that have night or
weekend sessions for traffic offenses.
(h) (1) The county treasurer of each county shall transfer from
the night court session fund to the Court Facilities Trust Fund an
amount that is the same percentage of the night court session fund as
of January 1, 2009, as the square footage of locations for which
transfer of responsibility has occurred on or before January 1, 2009,
is to the total square footage of locations.
(2) For locations for which transfer of responsibility occurs
after January 1, 2009, the county treasurer shall, at the time of
transfer of any location, transfer from the night court session fund
to the Court Facilities Trust Fund an amount that is the same
percentage of the night court session fund as the square footage of
the location for which transfer of responsibility is occurring is to
the sum of the square footage of locations for which transfer of
responsibility has not occurred and the square footage of the
location being transferred.
(3) Upon the transfer of responsibility for all locations, the
county treasurer shall transfer to the Court Facilities Trust Fund
any amount remaining in the night court session fund.
(4) Any expenditures made from the fund for a purpose other than
those specified in paragraph (2) of subdivision (g) shall be repaid
to the state for deposit in the Court Facilities Trust Fund.
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee shall
be in an amount equal to the total bail set forth for the eligible
offense on the uniform countywide bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
(3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
(f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
42007. (a) (1) The clerk of the court shall collect from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Statewide Bail Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts. If multiple offenses are charged in a single notice
to appear, the "total bail" is the amount applicable for the greater
of the qualifying offenses. However, the court may determine a lesser
fee under this subdivision upon a showing that the defendant is
unable to pay the full amount. The fee shall not include the cost, or
any part thereof, of traffic safety instruction offered by a traffic
violator school.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. If the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
(3) If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility that was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.
(e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
(f) This section shall become operative on July 1, 2011.
42007.1. (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee determined by the department to be sufficient to defray the cost
of routine monitoring of traffic violator school instruction pursuant
to subdivision (c) of Section 11208, and a fee, if any, established
by the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
42007.3. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 41501
or 42005 as a result of a violation of subdivision (a) or (c) of
Section 21453, subdivision (c) of Section 21454, or subdivision (a)
of Section 21457 shall be allocated as follows:
(1) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
(b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
42007.4. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 369b
of the Penal Code as a result of a violation of subdivision (c) of
Section 21752, involving railroad grade crossings, or Section 22451
or 22452 shall be allocated as follows:
(1) If the offense occurred in an area where a transit district or
transportation commission established under Division 12 (commencing
with Section 130000) of the Public Utilities Code provides rail
transportation, the first 30 percent of the amount collected shall be
allocated to the general fund of that transit district or
transportation commission to be used only for public safety and
public education purposes relating to railroad grade crossings.
(2) If there is no transit district or transportation commission
providing rail transportation in the area where the offense occurred,
the first 30 percent of the amount collected shall be allocated to
the general fund of the county in which the offense occurred, to be
used only for public safety and public education purposes relating to
railroad grade crossings.
(3) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463 of the Penal Code.
(4) A transit district, transportation commission, or a county
that is allocated funds pursuant to paragraph (1) or (2) shall
provide public safety and public education relating to railroad grade
crossings only to the extent that those purposes are funded by the
allocations provided pursuant to paragraph (1) or (2).
(b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.
42008. (a) Any county may operate an amnesty program for delinquent
fines and bail imposed for an infraction or misdemeanor violation of
the Vehicle Code, except parking violations of the Vehicle Code and
violations of Section 23103, 23104, 23152, or 23153. The program
shall be implemented by the courts in accordance with Judicial
Council guidelines, and shall apply to infraction or misdemeanor
violations of the Vehicle Code, except parking violations, upon which
a fine or bail was delinquent on or before April 1, 1991.
(b) Under the amnesty program, any person owing a fine or bail due
on or before April 1, 1991, that was imposed for an infraction or
misdemeanor violation of the Vehicle Code, except violations of
Section 23103, 23104, 23152, or 23153 or parking violations, may pay
to the superior court the amount scheduled by the court, which shall
be either (1) 70 percent of the total fine or bail or (2) the amount
of one hundred dollars ($100) for an infraction or five hundred
dollars ($500) for a misdemeanor. This amount shall be accepted by
the court in full satisfaction of the delinquent fine or bail.
(c) No criminal action shall be brought against any person for a
delinquent fine or bail paid under this amnesty program and no other
additional penalties shall be assessed for the late payment of the
fine or bail made under the amnesty program.
(d) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program created by this section shall be deposited in the county
treasury.
42008.5. (a) A county may establish a one-time amnesty program for
fines and bail that have been delinquent for not less than six months
as of the date upon which the program commences and were imposed for
an infraction or misdemeanor violation of this code, except parking
violations of this code and violations of Section 23103, 23104,
23105, 23152, or 23153.
(b) A person owing a fine or bail that is eligible for amnesty
under the program may pay to the superior or juvenile court the
amount scheduled by the court, that shall be accepted by the court in
full satisfaction of the delinquent fine or bail and shall be either
of the following:
(1) Seventy percent of the total fine or bail.
(2) The amount of one hundred dollars ($100) for an infraction or
five hundred dollars ($500) for a misdemeanor.
(c) The amnesty program shall be implemented by the courts of the
county on a one-time basis and conducted in accordance with Judicial
Council guidelines for a period of not less than 120 days. The
program shall operate not longer than six months from the date the
court initiates the program.
(d) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program and no other
additional penalties, except as provided in Section 1214.1 of the
Penal Code, shall be assessed for the late payment of the fine or
bail made under the amnesty program.
(e) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program shall be deposited in the county treasury until 150 percent
of the cost of operating the program, excluding capital expenditures,
have been so deposited. Thereafter, 37 percent of the amount of the
delinquent fines and bail deposited in the county treasury shall be
distributed by the county pursuant to Section 1464 of the Penal Code,
26 percent of the amount deposited shall be distributed by the
county pursuant to Article 2 (commencing with Section 76100) of
Chapter 12 of Title 8 of the Government Code, and the remaining 37
percent of the amount deposited shall be retained by the county.
(f) The deposit of fines and bails in the county treasury as
described in subdivision (e) is limited to the amnesty program
described in this section, and it is the intent of the Legislature
that it shall not be considered a precedent with respect to affecting
programs that receive funding pursuant to Section 1463 of the Penal
Code.
(g) Each county participating in the program shall file, not later
than six months after the termination of the program, a written
report with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. The report shall summarize the amount of
money collected, operating costs of the program, distribution of
funds collected, and when possible, how the funds were expended.
42008.7. (a) The State of California continues to face a fiscal and
economic crisis affecting the state budget and the overall state
economy. In light of this crisis, a one-time infraction amnesty
program would do the following:
(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
(2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
(3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (d) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
(c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:
(1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code and Sections 76000, 70372, 76104.6, 76104.7, and 76000.5
of the Government Code.
(3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
(4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
(5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
(d) Violations are only eligible for amnesty if all of the
following requirements are met:
(1) The violation is an infraction violation filed with the court.
(2) The due date for payment of the fine or bail was on or before
January 1, 2009.
(3) The defendant does not owe victim restitution on any case
within the county.
(4) There are no outstanding misdemeanor or felony warrants for
the defendant within the county.
(e) Each amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section shall
be accepted beginning January 1, 2012, and ending June 30, 2012. The
Judicial Council shall adopt guidelines for the amnesty program no
later than November 1, 2011, and each program shall be conducted in
accordance with Judicial Council guidelines.
(f) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
(g) The total amount of funds collected under the amnesty program
shall as soon as practical after receipt thereof be deposited in the
county treasury or the account established under Section 77009 of the
Government Code. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
Notwithstanding Section 1203.1d of the Penal Code, the remaining
revenues collected under the amnesty program shall be distributed on
a pro rata basis in the same manner as a partial payment distributed
pursuant to Section 1462.5 of the Penal Code.
(h) Each court or county implementing an amnesty program shall
file, not later than September 30, 2012, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about
